Oregon House passes bill outlawing purposely false child abuse claims

House Bill 2183 would make it a violation -- punishable by a fine of up to $720 -- to knowingly and falsely accuse someone of child abuse. It's already illegal to purposely file a false report of a crime to a police or fire agency. This bill adds another type of false report to the list of crimes. Similar bills have already been passed in other states. While critics are rightfully concerned that this bill could discourage people from making child abuse reports when the abuse is real, the bill only applies to those who knowingly make a false claim of child abuse. Too often alienating parents file knowingly false claims of child abuse or domestic violence in order to interfere with visitation (which stops cold especially when the claim is sexual abuse). This must not be allowed to happen. At the same time, actual cases of domestic violence and child abuse must not be discouraged. It will certainly be interesting to follow the impact of this law on the number of cases that are filed in response to HB2183. The needs of children and parents to be protected from actual abuse by the other parent is no more or less important than the need to protect a child who is caught in a parental custody battle in which one parent knowingly files a false claim of abuse against the other parent. The needs of parents and children should not be pitted against each other. Both are legitimate. I am hoping that the impact of this bill and comparable ones in other states will be closely monitored in order to illuminate its impact and help guide the rest of the county in navigating the thorny and complex issues when domestic violence, child abuse, and parental alienation all may be at play in a single case. One solution, in my opinion, is to provide training to all mandated reporters about the signs of different types of abuse and the complex family dynamics that are involved in high conflict custody cases.

As an adminsitrator in a large public child protective system in suburban New York, I applaud Oregon for taking on this issue. This problem is far larger than people realize. It wastes the valuable time and resources of the already overburdened child protective system.

I will never forget the day mom (or the words she used) came with a car load of presumably men-hating women to pluck our daughter from me and our home, post judge decree earlier that day. She said, as she wanted and took nothing but the blanket onto which she had imprinted our daughter, when in custody of her for that first year, saying " She doesn't need anything from you", when I offered to bring or gather up some of her other things. This change of custody was accomplished by mother's false allegations of child sexual abuse, after I had cared for our daughter for 5 1/2 years!

[Note: Her mother did this with the 'help' of Justice for Children (JFC), an advocacy group that rejects the existence of parental alienation and which says that if a father(gender attachment made by JFC), alleges Parental Alienation within a custody suit, that he is lying and is a sexual abuse predator.]

It was as though 5 1/2 years of my daughter's love and relationship with her father vaporized. After all her mother also saw to it that I not get too close during that first year as well (seeing my daughter only twice). And indeed, even now at 24 years of age, she is yet to surrender to and recover that hard wrought ground of abiding trust she came to rely on from me her dad who dearly loves her.

Her mother, perhaps even to the present moment, did not see or refused to acknowledge how she insisted on being a puppeteer, making us into dancing marionettes.

I would like to think there is more love for creation and vitality in Oregon; perhaps some of that will soon filter across the nation and descend into Texas.

I am a domestic abuse survivor. My child was also abused. I have never made a false claim of abuse. My claims have all been true and the legal system has ignored them.

There are some erroneous assumptions here in this article.

First, in the case of sexual abuse claims, visits do not stop instantly!! My daughter is a case in point. She continues to see her father, though he has had at least three noticable erections, witnessed by two different people at different times, when picking up our daughter for visits. He has said there is nothing wrong with a child and an adult having sex as long as both parties consent. The judges know, but do nothing! He has also physically abused her on at least four occasions.

Second, we have enough problems trying to get a court to look at what is happening without an added problem of a false claim of abuse. I have never filed a false claim, but because I am in a custody situation, somehow, nobody believes me. My child will not be helped. The cases DHS has opened are closed soon after as nobody witnesses the injuries, abuses, etc.

Third, I can only imagine a day when my ex decides he will file a suit against me for making a false claim! I have done nothing wrong, short of being a domestic violence survivor and mother of a child who has also been abused, but I would not put it past him to try to accuse me of this crime. Should I then, if found guilty by a severely messed up court system, face a harsher penalty than a $720 fine? One other blogger, who may believe in the perfect accuracy of our justice system, believes I should be put to death for being judged guilty of making a false claim, even if I am NOT GUILTY! The justice system largely favors people who have money, so they can hire good attorneys. If I cannot afford an attorney, because it is a civil case, I do not get one, therefore I lose!

That being said, yes, of course making a false claim of child abuse is wrong, but I thin kit will make it even harder for children who are really being abused. What about false claims that abuse has not happened when it actually has?? I would be more willing to support THIS. All the perpetrator has to do is lie and say the accuser filed a false claim. He/she would probably do anything to protect his/her horribly sick relationship with the victim.

It is unfortunate that the abuse laws are quasi criminal and mostly rendered through the legal system as case managed money shots that maximize income for itself. I would truly like to see and I hope most would agree that these abuse laws and any proven crimes against anyone be placed in a court where it is not subjective, not prepondered or left to professional opinions, but simply taken down to facts and evidence. In a real court of criminal jurisdiction, whereas family courts and their practices are an anathema to everything Americans should stand and believe in. It is time to remove lawyers and federal policy paid judges from courts wholesale, and the courts be brought back into proper order with distinct courts for civil or criminal, more in line with common law than these new fangled kangaroo courts where the biggest pouch wins.

I am still shocked to this day that he was able to get a judge to extend the temporary order to 3 years. The crazy thing is that I am PHYSICALLY DISABLED and I couldn't catch anyone to hurt them if my life depended on it. nor have I ever threatened them any harm.
I t is truly outrageous how my side of the issues were completely disregarded by the family court mediator after I protested his request for no visitation. The kids had already been brainwashed by him ,so of course she just listened to what they wanted which was nothing to do with me.
And just like that, the judges goes by her recommendation, and issues a 3 YEAR restraining order. I guess it was easier to do that than to actually look closer at the situation and use her brain to see through all of his lies that he fed to my kids. I am a stranger to 2 of the 3 of them now. N say, no recourse, no power. He is a weak coward for using laws meant to protect real abuse victims (usually women, I thought) LOL proof right there of his wimpiness.

I was really happy to hear about this new law, as I am a firm believer that our DHS system here in Oregon is for too overburdened with false reports.

Oregons system of being able to report anonymously makes it very easy for anyone for any reason legitimate or not to call DHS and accuse someone of child abuse regardles of whether or not it is true. In turn this accusation by law requires social workers to complete an investigation, which in turn uses valuable financial resources, which when the these cases proves to be false (which many of them do), is a huge waste of taxpayer dollars.

I am in no way opposed to protecting children in true and legitimate danger, but unfortunately in domestic disputes, as well as the low-income,under-educated, welfare-mamma-drama subculture of today calling DHS on someone because someone has pissed someone off, (which happens often), is an abuse of what the system was designed for.

So, Oregon now has this new law in place...how will it be enforced??? Will people have to reveal their identity when making a report???

To remind all those with morals and to all those who love all children, that this David J. Glass Esq. PhD would giggle & laugh at me while waiting to see the judge. Shortly after this attached letter dated 2-12-2012 was received by the community of Malibu, CA this David J. Glass Esq. PhD conspired to injure a 3rd party (myself) , suborned perjury and falsified evidence just before he closed down his practice and went to FMBK Law.The CA State Bar has just received a 2nd complaint regarding this matter.

2-12-12 Mr. Graham J Miller

REGARDING CHILD ABUSE

To The Principals of Malibu Elementary Schools and To Whom it may concern within the LAUSD and SMMUSD administrations, Directors or other persons.
Dear Sir Madam or MS,

I am writing to you firstly as a parent. I have a child in a Malibu public school. I am also writing as a Citizen, and therefore concerned in a more global manner with issues that I personally find disturbing and relevant. I believe a possible failure to perform to ethical codes of several professions, let alone what any normal person may find to be reasonable is about to, and could in the future lead to embarrassment, public consternation and at best a complete lack of faith ,trust and confidence in the above agencies.

I have recently been informed by my daughter Lily-Jane Faith Miller that her mother has taken her out of Callahan elementary (Northridge); and she is now at some school in Malibu district. (Grade 2)

My reasons for my concern follow.

Within the Malibu school district there is a teacher, (C Cullen) who has accused her ex-husband of two counts of sexual abuse of their son, and 5 other counts of abuse of their son (11). This alleged abuse according to Ms. Cullen and her Attorney took place over the past 5 years.

I would like a notation in my daughter’s file that she is never to be placed in class with the above person as her “(my daughters)” teacher. I apologize in in that I amenable to provide more details on my daughter’s whereabouts (school) but her Mom has not provided that info. I’m sure Dr Jacob the principal at Callahan would be able to assist.

In MS Cullen’s divorce and custody case she utilized the services of a Mr. D Glass Esq.(Attorney) Mr Glass is also a PhD in Psychology .Mr. Glass was also utilized by the mother of my daughter, Lily -Jane in my own divorce and custody matter. Mr. Glass a Psychologist/ Attorney and mandated reporter saw fit to bring allegations of sexual abuse of a child and 4 allegations of other forms of abuse of MS Cullen’s son Sammy before family court. These all were investigated by the Police DCFS, and the District Attorney. They were found to be without either Medical or Credentialed 3rd party verification and closed therefore as unsubstantiated. These allegations were brought by MS Cullen via the services of Mr. Glass and occurred regularly before the summer school break on a yearly basis. MS Cullen had also recently remarried a Mr Brian Winsick another Teacher and coach in the Conejo Valley. Their marriage took place just prior to the allegations beginning.

I will now outline my concerns and reasons for the request of the notation in my daughters file.

It is my belief that the relationship between this teacher Ms. Cullen and her attorney and my own ex-wife and the same attorney is cause for reasonable concern. That to avoid any unfortunate incident where god forbid I was to be accused by my daughter’s mother of something similar as MS Cullen accused her ex-husband of it is imperative no establish able link is in place as could lead to suspicion of collusion. The worst case scenario that Ms. Cullen at some time becomes my daughters teacher and subsequently claims are made that perhaps my daughter had inferred to MS Cullen that I had abused her ( Lily-Jane) and MS Cullen then could relate this to my daughters mother through their mutual attorney, or contact at school is beyond horrific. I feel the separation of my daughter and this teacher protects LAUSD/SMMUSD and my daughter and me.

In a more global sense I am concerned that a teacher married to another teacher and coach and an attorney who is also licensed as a psychologist made no attempt to make aware the LAUSD or the SMUSD of their concerns. (Two allegations of Sexual abuse and five other allegations of abuse.) Surely some ethical codes of their respective professions would demand other relevant or parties who could be impacted be advised.

When a teacher finds the resources to pay $500 an hour to a Beverly Hills Attorney for 5 years surely there is a need for verification that such allegations will bring in terms of the expenses the County and State will bear during the protracted conflict. Especially if the accused has been made indigent by the continued claims and has suffered stress or work issues stemming from such accusations and is no longer paying taxes.

As a parent I certainly would be outraged if I knew my child’s teacher was aware of a legitimate abuse situation and if, as in this case it included Sexual Abuse allegations and that teacher did nothing to bring attention to it as could protect other children I would expect answers. Specifically why and how a person(s) (2 Teachers, (Coach), An Attorney/Psychologist) would go ahead and consciously disregard accusations of such a serious nature, and then they having brought these allegations before family court and the district attorney go ahead and let other parents arrange activities with the person they were accusing of abuse in a manner as would expose other children to the accused.

What is more disturbing and I expect the press will find disturbing is that repeated allegations of this nature are often utilized in family conflicts and that this is acceptable is in fact a failure of morality within our society. I believe this failure may have had a profound societal impact.

That the failure of an application of evidentiary standards as are normally applied in criminal matters may have allowed credentialed persons possibly with questionable motive to use family court in a manipulative and deceitful way to achieve their own ends appears to me to be worthy of consideration.

This epidemic of claims of abuse of children caught in such situations, (family breakups) versus children, who suffer actual abuse , desensitizes the general public and governmental agencies and allows real and dangerous criminals to hide and operate with virtual impunity in our society. It is beyond Peter and the Wolf it is an ongoing crime against humanity. To falsely perpetrate something that I believe leads to what we are now facing in the LAUSD and SMMUSD and may have exacerbated, perpetuated and indeed by lack of action condoned events and actions that possibly has led to emotional; mental and even physical harm to any child is heinous.

I believe because of the actions as I have described many prior red flags have been ignored in many abuse situations and much suffering and harm and expense could have been avoided if a less commonplace attitude of children was the norm.

Indeed in the immediate situation with (C Cullen, B Winsick )either the allegations were scurrilous and a product of vitriol, and an attorney(PhD Psych) with who knows what motivation (7 Claims) and that these claims were worthy of public expense .Or these persons were aware the claims they were bringing were false and therefore not worthy of reporting to LAUISD/SMUSD or other parents.? The alternative is an admission of negligent lack of reasonable due diligence and surely a great lack of concern for the school both pupils and other teachers and parents has been flagrantly displayed in total disregard for the safety and welfare of minors. Whether this is or should be a concern for the bond holders of these persons I do not know. Mr. Glass, Glass family Law and former associate of (Kolodny & Anteau) One of the most respected family law firms in the United States (Mel Gibson Getty, etc.) has been investigated by the CA Bar already in this matter and while the complaint was not upheld a letter suggesting the possibility of civil redress was issued by them.

The APA also found he did no wrong apparently within their own ethics code.

The fact remains an Attorney/Psychologist and a Teacher and a Teacher/Coach surely have some duty to the community. The positions of trust and respect they are afforded should allow the general public a reasonableness within their expectation of propriety and protection of the innocent by such credentialed persons.

Perhaps the LAUSD/SMUSD could incorporate or suggest to the CA Bar a cooperative relationship of a professional nature that would allow this protection to be afforded our children as well as draft a code for the LAUSD/SMUSD’s own employees in such situations.

Certainly recent events could lead one to surmise that a better clarified way of maintaining the safety and welfare of our children, from both bonifide and false claims of abuse would be helpful. The harm that both real and imagined events can bring to families, as well as collateral persons and an institution such as children’s learning environment should be minimalized at all times.

Had this new law been applied to my case, I would have ended up paying the fine myself: my ex effectively ended my relationship with my daughter via PA, and then the judge gave her child support based on her 100% custody.